Q: What are sentencing possibilities for this situation?
My son got 3 DUI's and did a 3yr term.he has been driving on a suspended license and he was pulled over, his buddy had thrown his cigarette out the window, which got him pulled over. He had a beer earlier he blew 0.08 which is the legal limit but,the DA is trying to give him another DUI, and since he is also under the no tolerance law,that says 0.04 or below.I am wondering what he is looking at for sentencing? Could this be dropped to a wet&reckless?
A:
much more info needed.
he should ask this question to his private lawyer or the court-appointed lawyer.
s/he will have his record, year of convictions, and know what the local court and DA will do with a case like that.
anything is possible but the more DUI's the worst it is........AND if he got this DUI while on a suspended license makes it doubtful the offer will be a reckless.
he would be lucky to get a regular DUI with an alternative to jail.......
A: This is a complicated situation, if he is on probation for any previous DUI case the driving with a measurable amount of alcohol and driving with a suspended license are probation violations. Additionally, being .08 or above and driving on a suspended license are misdemeanor offenses in their own right and in this case the DUI might be a felony if it is #4 in 10 years or he was convicted of a felony DUI in the past 10 years. In all, he is in very serious trouble and needs to consult with a local DUI defense attorney.
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